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A BILL TO BE ENTITLED
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AN ACT
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relating to diversity, equity, and inclusion initiatives at public |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.3525(c)-(j), Education Code, are |
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amended to read as follows: |
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(c) Nothing in this section may be construed to limit or |
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prohibit an institution of higher education or an employee of an |
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institution of higher education from, for purposes of applying for |
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a grant or complying with the terms of accreditation by an |
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accrediting agency, submitting to the grantor or accrediting agency |
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a statement that: |
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(1) highlights the institution's work in supporting: |
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(A) first-generation college students; |
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(B) low-income students; or |
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(C) underserved student populations; or |
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(2) certifies compliance with state and federal |
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antidiscrimination laws. |
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(d) Subsection (b)(1) may not be construed to apply to: |
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(1) academic course instruction; |
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(2) scholarly research or a creative work by an |
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institution of higher education's students, faculty, or other |
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research personnel or the dissemination of that research or work; |
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(3) an activity of a student organization registered |
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with or recognized by an institution of higher education; |
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(4) guest speakers or performers on short-term |
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engagements; |
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(5) a policy, practice, procedure, program, or |
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activity to enhance student academic achievement or postgraduate |
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outcomes that is designed and implemented without regard to race, |
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sex, color, or ethnicity; |
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(6) data collection; or |
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(7) student recruitment or admissions. |
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(e c) An institution of higher education may not spend money |
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appropriated to the institution for a state fiscal year until the |
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governing board of the institution submits to the legislature and |
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the Texas Higher Education Coordinating Board a report certifying |
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the board's compliance with this section during the preceding state |
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fiscal year. |
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(fd) In the interim between each regular session of the |
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legislature, the governing board of each institution of higher |
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education, or the board's designee, shall testify before the |
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standing legislative committees with primary jurisdiction over |
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higher education at a public hearing of the committee regarding the |
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board's compliance with this section. |
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(ge) The state auditor shall periodically conduct a |
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compliance audit of each institution of higher education to |
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determine whether the institution has spent state money in |
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violation of this section. The state auditor shall adopt a schedule |
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by which the state auditor will conduct compliance audits under |
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this subsection. The schedule must ensure that each institution of |
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higher education is audited at least once every four years. |
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(hf) If the state auditor determines pursuant to a |
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compliance audit conducted under Subsection (ge) that an |
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institution of higher education has spent state money in violation |
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of this section, the institution: |
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(1) must cure the violation not later than the 180th |
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day after the date on which the determination is made; and |
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(2) if the institution fails to cure the violation |
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during the period described by Subdivision (1), is ineligible to |
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receive formula funding increases, institutional enhancements, or |
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exceptional items during the state fiscal biennium immediately |
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following the state fiscal biennium in which the determination is |
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made. |
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(Ig) A student or employee of an institution of higher |
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education who is required to participate in training in violation |
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of Subsection (b)(1)(E) may bring an action against the institution |
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for injunctive or declaratory relief. |
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(jh) The Texas Higher Education Coordinating Board, in |
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coordination with institutions of higher education, shall conduct a |
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biennial study to identify the impact of the implementation of this |
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section on the application rate, acceptance rate, matriculation |
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rate, retention rate, grade point average, and graduation rate of |
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students at institutions of higher education, disaggregated by |
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race, sex, and ethnicity. Not later than December 1 of each |
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even-numbered year, the coordinating board shall submit to the |
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legislature a report on the results of the study and any |
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recommendations for legislative or other action. This subsection |
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expires September 1, 2029. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |